*(Via iDateDaily) – While real estate, businesses, stocks & furniture are considered as marital property, a New York court recently concluded that the cremated ashes of a stillborn child is NOT marital property.
This case came to the forefront when a husband argued that he is entitled to “half of his son’s ashes.” You may be wondering how the issue of splitting ashes during a divorce proceeding even came about, so here is the back-story to this unusual situation.
The former couple had a stillborn child during their marriage. Subsequently, they separated after this ordeal.
The wife agreed to split various hospital keepsakes like photos and the “footprints” — excluding the ashes, due to the husband’s outburst in which he threatened to flush the ashes down the toilet.
In the state of New York, when a woman has a still birth, the hospital issues a certificate of the birth to the parent(s), upon their request. If they desire, the parent(s) can also include “the name given to the still born fetus.”
In this instance, the wife did not request a certificate indicating the still birth and therefore, the husband’s name was not listed as a parent.
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